TRF1 overturns federal judge's decision regarding public debt audit.
The Federal Regional Court of the 1st Region (TRF1) overturned a preliminary injunction from the Federal Court of Brasília that mandated the establishment of a joint congressional committee to conduct an audit of Brazil's public debt; the TRF1's decision was in response to a request from the Attorney General's Office (AGU).
By Felipe Pontes/Agência Brasil - The Federal Regional Court of the 1st Region (TRF1) today (5) overturned a preliminary (provisional) decision by the Federal Court of Brasília that mandated the installation of a joint congressional committee to conduct an audit of Brazil's public debt.
Yesterday (4), Judge Waldemar Cláudio de Carvalho, of the 14th Federal Court of Brasília, gave a 30-day deadline for the creation of a joint commission, with deputies and senators, with the objective of auditing the country's external debt.
In case of non-compliance, the judge stipulated a daily fine of R$ 100 for the president of Congress, Senator Eunício Oliveira (MDB-CE).
In reversing the decision, the TRF1 (Regional Federal Court of the 1st Region) granted a request from the Attorney General's Office (AGU). According to the agency, by ordering Congress to open a commission, the first-instance judge committed "serious harm to public-administrative order, ignoring the separation of powers and the constitutional attribution of the Legislative Branch, affronting the prerogative of the National Congress and its members."
"Snowball"
To grant the injunction, Judge Waldemar Cláudio de Carvalho had responded to a request made by the Citizen Debt Audit Association.
According to the organization, Congress should have created the commission 30 years ago, since the promulgation of the Constitution.
In his decision, he made considerations on the subject, stating that public debt has reached an "exorbitant level," making it essential to resolve the information deficit regarding the "snowball effect" known as "external public debt."
According to Article 26 of the Transitional Constitutional Provisions Act (ADCT), dated 1988, "within one year from the promulgation of the Constitution, the National Congress shall promote, through a joint committee, an analytical and expert examination of the acts and facts that generated Brazil's external debt." This has not been done, according to the Citizen Debt Audit Association.